AB (Foreign Surrogacy -Children Out of The Jurisdiction) [2019] EWFC 22 (22 February 2019)

AB (Foreign Surrogacy -Children Out of The Jurisdiction) [2019] EWFC 22 (22 February 2019)

All statutory criteria under s.54 HFEA 2008 are satisfied, including biological connection, domicile, consent, and payments. Welfare analysis confirms parental orders are necessary for the children's lifelong welfare. Court authorises any payments made other than for expenses reasonably incurred. Parental orders are granted after SSHD declines to make representations.

Citation
[2019] EWFC 22
Parties
Applicant: A; Applicant: B; Respondent Surrogate Mother: C; Respondent Surrogate Mother's Husband: D; Respondents: The Children
Jurisdiction
England and Wales
Judgment Date
22 February 2019
Procedural Posture
Parental Order Application (family Court) / Final Hearing and Judgment
Outcome
Parental orders granted for the children.
Legal Topics
Parental Orders, International Surrogacy, Domicile, Consent, Payments in Surrogacy, Child Welfare, British Nationality
Family Law Surrogacy Immigration Law Parental Orders International Surrogacy Domicile Consent Payments in Surrogacy +2 more

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Parties

A

Applicant

B

Applicant

C

Respondent Surrogate Mother

D

Respondent Surrogate Mother's Husband

The Children

Respondents

Procedural Posture

Parental Order Application (family Court) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the criteria under s.54 Human Fertilisation and Embryology Act 2008 are satisfied for making a parental order
  2. 2 Whether the welfare needs of the children require the making of a parental order
  3. 3 Whether payments made in connection with surrogacy require court authorisation

Ratio Decidendi

All statutory criteria under s.54 HFEA 2008 are satisfied, including biological connection, domicile, consent, and payments. Welfare analysis confirms parental orders are necessary for the children's lifelong welfare. Court authorises any payments made other than for expenses reasonably incurred. Parental orders are granted after SSHD declines to make representations.

Court Disposition

Parental orders granted for the children.

Orders

  • Parental orders made for each child under s.54 Human Fertilisation and Embryology Act 2008.
  • Any payments made other than for expenses reasonably incurred are authorised.